Section 665.0117. Long-term care and use of property.

 

(1)  

(a) Long-term care for each hazardous waste management unit subject to the requirements of this section and ss. NR 665.0118 to 665.0120 shall begin after completion of closure of the unit and continue for a minimum of 40 years after that date. It shall consist of at least both of the following:

1. Monitoring and reporting in accordance with the requirements of subchs. F , K , L and N .

2. Maintenance and monitoring of waste containment systems in accordance with the requirements of subchs. F , K , L and N .

(b) Any time preceding closure of a hazardous waste management unit subject to long-term care requirements or final closure, or any time during the long-term care period for a particular hazardous waste disposal unit, the department may extend the long-term care period applicable to the hazardous waste management unit or facility, if the department finds that the extended period is necessary to protect human health and the environment (e.g., leachate or groundwater monitoring results indicate a potential for migration of hazardous wastes at levels which may be harmful to human health and the environment).

(2)  The department may require, at partial and final closure, continuation of any of the security requirements of s. NR 665.0014 during part or all of the long-term care period under either of the following circumstances:

(a) Hazardous wastes may remain exposed after completion of partial or final closure.

(b) Access by the public or domestic livestock may pose a hazard to human health.

(3)  Post-closure use of property on or in which hazardous wastes remain after partial or final closure may never be allowed to disturb the integrity of the final cover, liners or any other components of the containment system, or the function of the facility's monitoring systems, unless the department finds that either of the following applies:

(a) The disturbance is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the environment.

(b) The disturbance is necessary to reduce a threat to human health or the environment.

(4)  All long-term care activities shall be in accordance with the provisions of the approved long-term care plan as specified in s. NR 665.0118 .

History: CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06.